REPUBLIC OF THE PHILIPPINES NATIONAL TELECOMMUNICATIONS COMMISSION BIR Rd., East Triangle, Diliman, Quezon City MEMORANDUM CIRCULAR NO, 97-01-2014 SUBJECT: GUIDELINES FOR INTERNET SERVICE PROVIDERS IN THE, IMPLEMENTATION OF REPUBLIC ACT 9775 (ANTI-CHILD PORNOGRAPHY ACT OF 2009) WHER the 1987 Constitution fully recognizes the vital role of communications in nation building and provides for the emergence of communications structures suitable to the needs and aspirations of the nation: WHEREAS, Memorandum Circular No. 02-05-2008 (MC 02-05-2008- “Value Added Services”) requires the registration of internet service providers (ISPs); WHEREAS, Sec. 9 of Republic Act No. 9775 (RA9775 — known as the “Anti-Child Pornography Act of 2009") provides “The National Telecommunications Commission (Commission) shall promulgate within ninety (90) days from the effectivity of the Act rules and regulations for ihe implementation of this provision which shall inelude, among others, the instaltation of filtering software that wilt block access 10 or transmission of any form of child pornography”, NOW, THEREFORE, pursuant to RA9775, RA7925 (known as the “Public Telecom Policy Act of 1995”), Executive Order (EO) No. 546 series of 1979, and in order to protect children from child pornography, the Commission hereby promulgates the following guidelines: 1. All Internet Service Providers (ISPs) shall install available technology. program or software that will block access or filter all websites carrying child pornography materials within one hundred twenty (120) days from the submission of the list of carrier grade technology, program or software solutions by the ISPs to the Inter-Agency Council Against Chiki Pomography (LACACP), 2. The ISP shall submit list of at least three (3) cartier grade technology, program or software solutions to the IACACP for evaluation. If within five (5) days from the submission by the ISPs of the list, the LACACP does not object, the ISP shall acquire any of the carrier grade technology, program or sofiware solutions from the suppliers included in the list submitted. 3. The National Telecommunications Commission (NTC) shall fumish the list of identified pornographic websites provided by the IACACP to the ISPs for immediate blocking of acess or filtering. ‘The ISPs shall be free from any liability arising from its compliance with any order of the NTC for the immediate blocking of access or filtering of any such websites A > “improving the Life of Every Filipino through ICT Services and Consumer Protection" proting Tc buiing OTR Ra. East “angle Ditman-Guezon City4, AILISPs shall submit to the IACACP within 5 days from the end of each month, a list of all websites carrying child pornography materials that were blocked. The list will contain all websites carrying child pornography materials that subscribers of respective ISPs attempted to access but were blocked by the installed carrier grade technology. program or software 3. All ISPs shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its services or facility 6. All ISPs shall preserve customer data records, specifically the time. origin and destination of access, for purposes of investigation and prosecution by relevant authorities. Nothing in this section shall be construed to require an [SP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person. 7. Violation of any of the provisions of this Circular shall be a ground for the imposition of fines and other appropriate penalties in accordance with law. 8. Any circular, order, memoranda or parts thereof inconsistent herewith are deemed repealed or amended accordingly. 9. This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies furnished the University of the Philippines (UP) Law Center. Quezon City, Philippines 30 Januar, kis F. DELES CARLO A. MARTINEZ Deputy Commissioner oramissioner Ire Web Fes